Continental legal system

Overview of civil law system. History of appearance and development of the Roman-German legal family. General characteristics of civil law legal system. Sourses of the right. Distinctive features of the system. Soubgroups in the civil law system.
Краткое сожержание материала:

Размещено на

Contents

Introduction

1. Definition and overview of civil law system

2. History of appearance and development of the Roman-German legal family

2.1 Codification

2.2 Sourses of the right

3. General characteristics of civil law legal system

3.1 Law system and its structure

3.2 Distinctive features of the system

3.3 Soubgroups in the civil law system

4.Consept of civil law system

Conclusions

Bibliography

Introduction

Continentual legal family - is the family which includes the countries in which the jurisprudence has developed on the basis of the Roman right. Here on the foreground norms of the right which are surveyed as the norms of behavior which are based on the requirements of justice and morality. the primary goal of jurisprudence is to define, what should be these norms. The doctrine which is absorbed by this problem, is interested in management questions, administration of justice and right application. Lawyers-experts are engaged in it. Н.И. Матузов, Малько А.В. ,Теория государства и права, -- Юристъ, 1997, -- с.158

The term "romano-German" is chosen to give due to the joint efforts applied simultaneously by universities of the Latin and German countries. The name «the continental right» and furthermore "civil law" (Civil Law), used in the English-speaking literature, causes the big criticism.

The goal of this course work is to observe civil law system, its peculiarities, to find the most optimal definition of civil law system, to consider the historical aspects of appearance and development of the continental law system, to distinguish it's main features, to examine it's structure, subgroups, concepts and other general characteristics of the civil legal system; to make an informative and constructive conclusion.

In the modern world each state has its own right, but sometimes in the same state operate competing legal systems. The right have also nonstate communities: the initial right, the Muslim right, the Hindu right, the Judaic right. There is also an international law, called to regulate in the world or regional scale interstate and foreign trade relations. Dавид Р., Жоффре-Спинози К. Основные правовые системы современности.: Пер. с фр. В. А. Туманова. --Междунар. отношения, -- 1997.

Apparently, scientists-jurists more and more actively start to develop one of the main directions of jurisprudence of our days. Thus the problem coordinates absolutely fairly with idea of human rights, personal freedoms, intensifying of socially-legal security of citizens, consolidation of legality, an order and stability in the country.

Value of concept of legal system is to give an additional analytical possibilities for the complex analysis of legal sphere of life of a society. It allows to tap more full, more contrastly the most essential correlation, subordinations Основы государства и права: Уч.пособие.Ростов-на-Дону,Феникс, --1995, -- с.37 and other communications and other relations between whole and its parts, and also to define a place and a role of each link of system in the general work of all legal mechanism the state. That is why the topic is actual enough.

Components entering into legal system are not equal on the value, legal nature, specific gravity, independence, influence degree on public relations, but at the same time they are subordinated to some general patterns and are characterized by unity.

Functioning of such system is the most complicated process. Therefore the modern theory of the right should rise on such level of generalization that it would be possible to analyze more deeply and to estimate comprehensively the new legal reality which has arisen today as an integrated phenomenon, as a system.

The largest work devoted to modern legal systems, the book of well-known French lawyer Ren David. and Jofre Spinoze ( R. David the Basic legal systems of the present / translation from french , 1988 Saidov A.H. Introduction in the cores legal present system. Tashkent, 1988.

In Soviet period has been let out the two-volume book in which was detailed characteristic of the existing socialist legal system. (Legal system of a socialism / Under the editorship of A.M.Vasileva. Т1. M. 1986; Т2. М, 1987) There was F.M.Reshetnikova's work «legal systems of the countries of the world».

Some of the most fundamental works of modern foreign scientist in recognition of civil law system are John Henry Merryman, Rogelio Perez-Perdomo (The civil law tradition: an introduction to the legal systems of Europe), Alan Watson (Legal origins and legal change), William Burnham, Gennadii Mikhailovich Danilenko, Peter B. Maggs (Law and legal system of the Russian Federation), Frederic P Miller, Agnes F Vandome, John McBrewster (Civil Law (Legal System), and others. Also, we can find material about civil legal system is the works of O, F. Skakun, Oborotov, Chrestovskaya, M.N. Mrchenko, V.M. Korel'skii, S.S. Alekseev, N. I. Matuzov, A.V. Malko and others Ukrainian and Russian scientists.

1. Definition and overview of civil law system

The legal system - ` is set of internally compounded, interconnected, socially homogeneous legal agents (phenomena) with which help the official power renders reguljativno-organizing and stabilizing influence on public relations, behavior of people (fastening, adjustment the permission, prohibition, belief and compulsion, stimulation and restriction and so on).1

The category "a legal family" serves for a designation of group of legal systems united on the basis of a generality of sources, structure of the right and other legal signs, and as historical way of its formation. This similarity grows out of their concrete historical and logic development.

More fractional elements presented by certain group of legal systems are possible within the limits of this or that

So, in the romano-German legal family is distinguished the group of roman right (France, Belgium, Spain, Switzerland, Portugal, Romania) the right of the Latin American countries, the initial right, and group of the German right which includes legal systems of Germany, Austria, Hungary, the Scandinavian countries and others.

The western comparativists at classification of legal families use various factors, since ethical, racial, geographical, religious and finishing legal technics and style of the right. Thereof there appeawred a set of various classifications.

One of the most popular classification of the legal families is given by Rene David. It is based on a combination of two criteria: the ideologies, including religion, philosophy, economic and social structures, and the legal technics with the encluded rights as the basic making sources. The idea trihotomi - allocation of three basic families is put forward: romano-German, Anglo-Saxon, and socialist. They are adjoined by other legal world which has received the name "religious and traditional systems". Матузов Н.И., Малько А.В. Теория государства и права. М.: «Юристъ», -- 1997, -- с.162

Civil law - is system of law having its origin in Roman law, as opposed to common law or canon law. Webster's New World College Dictionary Copyright --Wiley Publishing, Inc., Cleveland, Ohio. 2010. -- p.3-8

The principle of civil law is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow. It is the most widespread type of legal system in the world, applied in various forms in approximately 150 countries and oldest surviving legal system in the world. "CIA - The World Factbook, -- Bibliolife 2010. --p. 38 Colonial expansion spread the civil law system and European civil law has been adopted in much of Latin America as well as in parts of Asia and Africa. Civil law (Romano-Germanic)". Encyclop?dia Britannica. -- Original, 1997. --p. 63

Also referred to as European continental law, the civil law system is derived mainly from the Roman Corpus Juris Civilus, (Body of Civil Law), a collection of laws and legal interpretations compiled under the East Roman (Byzantine) Emperor Justinian I between A.D. 528 and 565. The civil law systems in some countries are based on more than one code. "CIA - The World Factbook," -- Bibliolife 2010. --p. 81

The primary source of law is the legal code, which is a compendium of statutes, arranged by subject matter in some pre-specified order; "Glossary of Legal Terms",-- Jackson, County, MI, 2009. -- p. 17 a code may also be described as "a systematic collection of interrelated articles written in a terse, staccato style." Neubauer, David W.,and Stephen S. Meinhold. Judicial Process: Law, Courts, and Politics in the United States.-- Belmont: Thomson Wadsworth, 2007, -- p.28. Law codes are usually created by a legislature's enactment of a new statute that embodies all the old statutes relating to the subject and including changes necessitated by court decisions. In some cases, the change results in a new statutory concept. The two other major legal systems in the world are common law and Islamic law.

Civil law systems may be subdivided into further categories:

Countries where Roman law in some form is still living law and there has been no attempt to create a...